Child protection policies often focus on concerns about what is happening to a child outside the setting, but they must also cover what to do if an allegation of any improper treatment is made against a staff member.
'This is an issue I am picking up on when I carry out pre-inspection visits,' says early years consultant Laura Henry. 'I have had nursery managers and providers telephoning me to ask for advice because they don't have a policy dealing with what to do if an allegation is made against a member of staff. Even if they do have a policy, there can be issues around being fully aware of how it is implemented.'
A trawl through the Ofsted website of recent nursery inspections underlines the importance that inspectors attach to this issue.
'At inspection an Ofsted inspector will ensure there are robust policies and procedures in place to ensure children are safeguarded,' says an Ofsted spokeswoman, although she adds there has been no concerted drive by inspectors to target this area.
She refers settings to Working Together to Safeguard Children (downloadable at www.everychildmatters. gov.uk/socialcare/safeguarding). It sets out the procedures childcare providers should follow when allegations are made against a staff member. The National Day Nurseries Association's policies and procedures pack also provides important advice (available from Featherstone Education, tel: 01858 881212). Training and guidance on polices and procedures is also available from Childcare Consultancy (tel: 020 8409 0202).
Christine Betts of Veale Wasborough Lawyers in Bristol recommends managers 'work up a draft policy with the staff so everybody knows what will happen and how it would work in practice so people understand that these things have got to be investigated and seen through to the end.'
Part of the procedure will cover suspending the accused staff member, as is the case of the procedure operated by Cambridgeshire chain HRH Nurseries, whose Hemingford setting is the only nursery in the county to be rated at inspection as 'outstanding'.
Mrs Glen Perrott, who operates the chain with her husband David, says, 'If there is a situation where a member of staff is accused of abusing a child in any way, they are taken out of the scenario by being suspended on full pay while an investigation takes place.'
Mrs Perrott adds, 'I always have at least two members of staff even if there is only one child in the room. There is always someone else there if an allegation is made who can give an account.'
And Ms Henry emphasises that staff need to understand 'the importance of not putting themselves in a position where they are vulnerable to malicious allegations'.
'Staff should always report anything untoward,' she says. 'A setting should have an incident file as well as an accident book. Suppose a member of staff getting down a toy from a shelf accidentally hits a child with a piece of equipment - record it in the incident book and tell the parents.
Share the information immediately with the parents.'
NDNA chief executive Purnima Tanuku believes that employers have to balance the needs of an investigation with their duties under employment law. She says, 'It can be hard for staff to return to work following unfounded allegations, so a nursery should ensure that counselling is available for the employee, colleagues and parents who may have been affected by allegations.'
Ms Betts adds, 'Return to work after suspension needs to be handled quite carefully, particularly if the complainant was another member of staff.
Whistleblowers must be protected. If someone makes an allegation in good faith, even if they are wrong, they must not be victimised.' Taking steps to prevent such an allegation, such as strict recruitment procedures, is vital, says Ms Betts. However, she adds, that although the Government's guidance 'Safer Recruitment and Selection in Education', can be downloaded from www.teachernet.gov.uk/childprotection. launched in the wake of the Soham murders, sets out best practice for recruitment in schools, it does not provide advice for early year providers.
Case study: ready to talk
'We have never had an allegation made against a staff member,' says Sarah Hill, proprietor of two Nelly's Nurseries in London, 'but if there was a complaint made, it would be referred straightaway to a member of the senior management team - my husband, our nursery co-ordinator or me.
'I would talk immediately to the person who was the subject of the allegation and make it clear they had the right to have someone with them at the interview - a friend, colleague or maybe a relation. I would interview that person straightaway. If they wanted their Mum with them, I would ask them to leave and come back with their parent.
'I would suspend the person on full pay while the investigation lasts. I would keep full records of the discussions. If the allegation is proven, I would follow our disciplinary procedure and, if it was something really serious, I would dismiss that person.
'If the allegation came about as a result of someone's lack of training, then I would work to support the child, the child's family and the staff member.
'If you suspend someone, you have to keep them up to date on what is happening. If the allegation is false, you give them and the team support to settle them back in to work again.'
Child protection: when an allegation is made against a staff member
* From the outset, record the factual information.
* Contact Ofsted immediately and fill in a complaints log.
* Inform your local social services child protection unit.
* Contact the police if necessary.
* Follow your disciplinary procedures.
* Depending on the severity of the allegation, suspend the staff member or confine them to desk duties.
* Investigate the allegation - some are malicious, but some are not.
* Keep the staff member informed.
* Keep your policy up to date. For example, child protection committees have been replaced by local Safeguarding Children boards.
The NDNA's child protection policy states:
'If an allegation is made against a member of staff, *Ofsted/*Care and Social Services Inspectorate for Wales/ *Care Commission (*delete as appropriate) and the local authority child protection unit will be informed. This may result in the nursery disciplinary procedure being followed.
The incident will be dealt with by the manager/registered person:
* a full investigation will be carried out to determine how this will be handled
* if the allegation could possibly interfere with the normal working of the nursery, either the member of staff or the child will be allocated to another area, after due consultation with all parties
* the nursery reserves the right to suspend any member of staff on full pay during an investigation
* all investigations/interviews will be documented and kept in a locked file
* unfounded allegations will result in all rights being reinstated
* founded allegations will be passed on to the relevant organisation (police) and will result in the termination of employment. *Ofsted/*Care and Social Services Inspectorate for Wales/*Care Commission (*delete as appropriate) will be notified immediately of this decision.
* counselling will be available for any member of the nursery who is affected by an allegation, their colleagues in the nursery and the parents.'